After ten days of deliberation in the case of Gwen Araujo, a transgendered teen killed in 2002, an Alameda county jury declared a mistrial in the Gwen Araujo case on June 24.

Michael Magidson, Jason Cazares, and Jose Merel were the three men who were charged with these accusations. The jury agreed that murder was committed, but they deadlocked on whether the three men were guilty of premeditated first-degree murder. The decision to retry the case was made by Alameda County Deputy Attorney Chris Lamiero.

On Oct. 3, 2002 the men were introduced to Araujo as “Lida.” They were flirting at a party and later that night Magidson and Cazares engaged in oral and anal sex with Araujo. Speculations were going around that “Lida” was biologically a male and that made the men hysterical when suspect and friend Jason Nabors told them it was the truth.

Nabors later on testifies that they “Hatched to kill her.” He also described how she was beaten, choked and hit with a skillet by the other men.

After the beating, they wrapped a rope around her neck and strangled her to death. They then buried her in the El Dorado National Forest in Newark.

The suspects blamed “gay panic” for their actions. They were so shocked that Araujo was a man that they reacted in the “heat of the moment,” according to a defense attorney. This is why one of the defense attorneys calls this case manslaughter.

Lamiero disagrees with their argument. He believes that if it were manslaughter, it would not have been planned as carefully as it was.
The transgender community had a range of reactions when they heard that Araujo’s case was a mistrial.

“My understanding of this is that it was a hate crime, not an accident of “trans panic,” said Gayle, a counselor for transgender youth who is also transgendered. Gayle has attended many of the hearings.

“It was very tense (in the courtroom). The three men were fairly unemotional. They seemed to be unattached to what was happening. However, they did appear to be somewhat remorseful for what they had done,” she said.

Sylvia Araujo, Gwen’s mother, chose not to comment after hearing the declaration of mistrial.

Later that day, Araujo spoke at an impromptu gathering in the Castro District, where mourners gathered to offer condolences for Araujo’s death and support after the news of a mistrial.

“I can only imagine how devastated she is,” said Gayle.

The next court date is estimated to be in a few months.

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